Motion to Amend Complaint in New Jersey

What Is a Motion to Amend Complaint?

Background

“Rule 4:9-1 sets forth the general rule that while leave of court is required to amend a pleading, motions for leave to amend are to be freely given in the interest of justice.” (See Franklin Med. Assn. v. Newark Pub. S (2003) 362 N.J. Super. 494, 506.)

“The motion for leave to amend is required by the rule to be liberally granted and without consideration of the ultimate merits of the amendment.” (See id.)

“However, as the achievement of substantial justice is the fundamental consideration, denial of such a motion in the ‘interests of justice’ is appropriate only when there would be undue prejudice to another party.” (See id.)

General Information for Complaints and Motions

“Indeed, our Supreme Court has made clear that motions seeking to amend a complaint are to be granted liberally.” (See Mason v. Saker Shoprites, Inc., No. A-3227-17T3, at *13 (App. Div. July 8, 2020).)

Under Rule 4:9-1,“[a] party may amend any pleading as a matter of course at any time before a responsive pleading is served. Any time after the responsive pleadings are filed, a party may amend a pleading only by written consent of the adverse party or by leave of court[.]” (See R. 4:9-1.)

“The Rule directs that the court's permission to amend shall be freely given in the interest of justice. If the amended complaint arises out of the conduct, transaction, or occurrence set forth . . . in the original pleading, the amendment relates back to the date of the original pleading.” (See R. 4:9-3; Thors v. Lambert, No. A-3493-10T1, at *4 (App. Div. Feb. 1, 2012).)

“A motion for leave to amend shall have annexed thereto a copy of the proposed amended pleading. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders.” (See Mason v. Saker Shoprites, Inc., No. A-3227-17T3, at *13 (App. Div. July 8, 2020).)

Standard of Review and Burdens of Proof

“Generally, the standard to amend a complaint is lenient. It requires that a copy of the proposed pleading be attached and the motion granted if it is in the interest of justice; it further provides that a party may amend any pleading as a matter of course at any time before a responsive pleading is served or “by written consent of the adverse party or by leave of court which shall be freely given in the interest of justice.” (See R. 4:9–1; Town of Harrison Bd. of Educ. v. Netchert (2014) 439 N.J. Super. 164, 178.)

“The comments to the Rule further explain that the broad power of amendment should be liberally exercised at any stage of the proceedings, including on remand after appeal, unless undue prejudice would result.” (See Zacharias v. Whatman PLC (2001) 345 N.J.Super. 218, 226, 784 A. 2d 741.)

“The decision to either allow or deny amended claims is a fact-sensitive one, and is subject to a trial judge's sound discretion.” (See Fisher v. Yates (1994) 270 N.J. Super. 458, 467; Kernan v. One Wash. Park Urban Renewal Assocs. (1998) 154 N.J. 437, 457.) “On appeal, we review simply to determine whether or not that discretion was abused, according proper deference to the trial judge's day-to-day responsibilities for case management.” (See Thors v. Lambert, No. A-3493-10T1, at *4-5 (App. Div. Feb. 1, 2012).)

“That exercise of discretion requires a two-step process: whether the non-moving party will be prejudiced, and whether granting the amendment would nonetheless be futile . . . . [T]hat is, whether the amended claim will nonetheless fail and, hence, allowing the amendment would be a useless endeavor.” (See Pistilli-Leopardi v. MediaNews Grp., No. A-0086-18T1, at *11-12 (App. Div. July 14, 2020).)

“Although the general inclination under our court rules is to permit amended claims, there are well-established limits.” (See Notte v. Merchs. Mut. Ins. Co. (2006) 185 N.J. 490, 501.) “[C]ourts are free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law.” (See Thors v. Lambert, No. A-3493-10T1, at *5 (App. Div. Feb. 1, 2012).)

“[T]here is no point to permitting the filing of an amended pleading when a subsequent motion to dismiss must be granted. In addition, even where the merits of the claim are marginally meritorious, it is not an abuse of discretion to deny leave to add such a claim when it is likely to prolong the litigation.” (See id.)

Meet and Confer

“The rule requires attorneys to confer and exchange pretrial information including, [a]ny in limine or trial motions intended to be made at the commencement of trial, with supporting memoranda.” (See Lauckhardt v. Jeges, No. A-1970-13T4, at *11-12 (App. Div. Oct. 20, 2015).)

The Court’s Decisions

It is well settled that pursuant to Rule 4:9-2, “an amendment to the pleadings to conform to the evidence may be made upon motion of any party at any time, even after judgment, where issues not raised by the pleadings and pretrial order are tried by consent or without the objection of the parties.” (See Rios v. Meda Pharm., Inc., No. A-3680-18T3, at *18 (App. Div. July 1, 2020).)

It is also well settled that pursuant to R. 4:9-2, “A formal amendment is not necessary. Such amendment of the pleadings and pretrial order as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party . . . ; but failure so to amend shall not affect the result of the trial of these issues.” (See N.J. Div. of Child Prot. & Permanency v. C.C., No. A-4799-14T1, at *8 (App. Div. June 29, 2017).)

Documents for Motion to Amend Complaint in New Jersey

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Verified Complaint for CUM-L-000300-24 submitted by SALMON, SCOTT D, JARDI…

45 pages

CUM-L-000300-24 05/10/2024 9:41:51 AM Pg1lof45 Trans ID: LCV20241196319 JARDIM MEISNER SALMON SPRAGUE & SUSSER, P.C. Scott D. Salmon, Esq. (152162015) Ahmed A. Metwally, Esq. (294672019) 30B Vreeland Road, Suite 100 Florham Park, NJ 07932 T: (973) 845-7640 Attorneys for Plaintiffs, Cumberland County Democratic Committee and Wanda Cortes Cumberland County Democratic Committee Superior Court of New Jersey and Wanda Cortes, …